Filber v. Dautermann
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Washington County. Slander. Tbe plaintiff appeals from an order sustaining a demurrer to tbe complaint, as not stating a cause of action.
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APPEAL from tbe Circuit Court for Washington County. Slander. Tbe plaintiff appeals from an order sustaining a demurrer to tbe complaint, as not stating a cause of action. Tbe averments of tbe complaint will be found in tbe opinion. argued tbat if there is any ambiguity about tbe alleged slanderous words, it should be left to tbe jury to determine their meaning (.Kennedy v. Gifford, 19 Wend., 296, 299; Gibson v. Williams, 4 id., 320; Fx parte Baily, 2 Cow., 479; Goodrich v. Woolcott, 3 id., 231); tbat a charge of “robbery” is actionable per se (Townsbend on S. & L., § 170 and note 470) ; and…
1Opinion of the CourtLyoN, J.
Tbe action is for slander, and tbe alleged slanderous words, charged in tbe complaint to have been spoken to tbe plaintiff in tbe presence and bearing of others, by tbe defendant, are: “You have cheated and robbed orphan children out of fourteen hundred dollars.” Tbe complaint contains an averment, or a statement by way of inducement, to the effect that one John Ereling assigned to the plaintiff a mortgage for seven hundred and fifty dollars, in 1863, the consideration of such assignment being that the plaintiff agreed in writing to support and maintain Ereling during bis natural life, and…
2Cited by9 opinions
- Gottbehuet v. HubachekWisconsin Supreme Court · 1875
- Hoan v. Journal Co.Wisconsin Supreme Court · 1941
- Bowe v. RogersWisconsin Supreme Court · 1880
- Puhr v. Press Publishing Co.Wisconsin Supreme Court · 1946
- Fisk v. HarshawWisconsin Supreme Court · 1878
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